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The quest for formalism in law. Ideals of systemicity and axiomatisability between utopianism and heuristic assertion

Varga, Csaba (2009) The quest for formalism in law. Ideals of systemicity and axiomatisability between utopianism and heuristic assertion. Acta Juridica Hungarica, 50 (1). pp. 1-30. ISSN 1216-2574

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Abstract

After the relationship between form and content in art and law is surveyed and the axiomatic approach to systemicity in both philosophy and law of both the classic and modern ages is scrutinised, the want of axiomatisability-in presence of correlations between axiomatism and law notwithstanding-is established. The very nucleus of any axiomatic system is that in some set of building blocks there are few foundation stones from which one given overall building can be built up in one given form and with the inherent necessity of that the operation, in the security of reaching the same end result, can be repeated by any actor at any future time. However, the relationship amongst the constituents of legal systems is not such as to allow to make up their edifice in exclusively one form, only if the procedure is defined and some constituents as foundation stones are designated. For legal systems are truly dynamic systems thoroughly built on substantive interconnections. Therefore they resist- albeit idealise-axiomatisation. In consequence, exclusively the heuristic value of the axiomatic ideal can be fully implemented and scholarly realised in the domain of law.

Item Type: Article
Subjects: K Law / jog > K Law (General) / jogtudomány általában
Depositing User: xKatalin xBarta
Date Deposited: 06 Jan 2017 10:26
Last Modified: 09 Nov 2021 10:04
URI: http://real.mtak.hu/id/eprint/44710

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